A California gamer whose lawsuit against Sony Computer Entertainment America was tossed out of court last month has filed an appeal.

Resistance: Fall of Man player Erik Estavillo originally filed a complaint against SCEA on July 6th of this year, alleging that Sony suppressed his free speech rights by banning him from the PlayStation Network. Estavillo further claimed that disabling his account amounted to a theft of his PSN pre-paid points and that SCEA was unable to stop users under 17 years of age from playing.

A judge dismissed Estavillo’s lawsuit on September 22, 2009, ruling that there was no plausible First Amendment claim for relief.

The appeal was filed on October 19 in the United States Court of Appeals for the Ninth Circuit.

Update: Estavillo also filed (on October 14th) a civil lawsuit against SCEA in Superior Court of California, County of Santa Clara seeking $180,000.

Estavillo tells GP he is representing himself in these cases and, in light of his PSN ban, is playing the Wii (Metroid Trilogy) and Xbox 360 (Mortal Kombat vs. DC Universe). Estavillo said that he loves playing as The Joker in the latter title and may be “a bit obsessed” with the character, adding, “I plan to wear a purple suit during my court trials. No joke!”

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source: http://www.gamepolitics.com/2009/10/26/banned-resistance-gamer-appeals-verdict

lmao, this guy really needs help

So he acted like an ass and was banned for it. He now tries to argue USA free speech right which are more to do with people versus government as applicable to him being allowed to act like an ass in a company run video game community.

Pure imbecile.

I agree he should have been banned but one thing he is arguing with is that he submitted PSN cards to his account so he had money in his account but once he was banned, the money became unreachable. Now if Sony can just redeem his cash then this should be blown aside, but $180,00 is insane..

Uh-huh, Igit